디지털 사진의 진정성 증명방안에 관한 외국례의 소개

Abstract

Law has always followed important changes in sprit and culture. Recently Law already has entered the digital age. The way to theorize and teach must also take to these altered conditions. This is not simply a matter of surface rhetoric or style. This is some kind of a paradigm shift in the way we know about how legal meanings are constituted, estimated, and construed. Recently so many digital evidence are brought to the court including digital photography. Digital photography is different from analogue photography. It is difficult to alter Analogue photography, but very easy to discover the alteration. But Digital photography can be altered very easy without special professional skill. But More important problem is that it is very difficult to detect to the manipulation of the digital photography. Generally speaking, there are three requirements for the evidence to be admissible in the court in USA. that is Authentication, the best Evidence rule, exceptions to the hearsay rule. Authentication is a requirement that the proponent of evidence provide a basis for the fact finder to believe that the evidence is what the proponent claims it is. The best Evidence means presenting the presenting the original. But in digital age Authentication and the best Evidence rule face the significant challenges because of the difficulty to detect to the manipulation of the digital photography. If altered photography are offered to the court, the photography can be used to trick jury into wrong decision. There are several methods to authenticate the photography. that are using Metadate, Hash numbers, self-Authenticating Cameras etc. But more basic method to protect the manipulation is to keep a sound digital culture.